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-   -   What can I do legally to make sure a check is applied to a specific account? (http://www.askmehelpdesk.com/real-estate-law/what-can-do-legally-make-sure-check-applied-specific-account-503460.html)

  • Aug 31, 2010, 05:35 AM
    terip0wers
    What can I do legally to make sure a check is applied to a specific account?
    What can I do to make sure a check is used for "exactly" the intended purpose I am writing it? And applied to a specific account. (i.e. certified check from my bank, having something notarized etc... )
  • Aug 31, 2010, 05:43 AM
    ScottGem

    On the front of your check put the account number and add for payment on...

    Other than something like that, there is no way to make the recipient apply things properly.
  • Aug 31, 2010, 05:43 AM
    ebaines

    Please clarify - is this a check you are writing to a private party? Or to a charity? Just what are the circumstances?

    In general, if writing to a private party, you have absoluteley no control over how they spend the money. The only way to have control is to pay money directly to whomever you want the money ultimately directed. For example, if you are paying a buyer $1000 to pay for repair of an item in a house you are selling to them, rather than write the check to the buyer you could write it to the repair man. Is that the kind of thing you're getting at?
  • Aug 31, 2010, 05:57 AM
    terip0wers

    The check is for my rent and I want to make sure the money is applied towards the rent. We are disputing other charges from a separate account and do not want this money used for that purpose. It is with a company not an individual.
  • Aug 31, 2010, 06:19 AM
    ebaines

    I suggest that you add a notation on the check that says something like "Rent for September, 2010," and also that you include a cover letter that states that the check is for your rent for your apartment for month xx.
  • Aug 31, 2010, 06:24 AM
    terip0wers
    Quote:

    Originally Posted by ebaines View Post
    Please clarify - is this a check you are writing to a private party? Or to a charity? Just what are the circumstances?

    In general, if writing to a private party, you have absoluteley no control over how they spend the money. The only way to have control is to pay money directly to whomever you want the money ultimately directed. For example, if you are paying a buyer $1000 to pay for repair of an item in a house you are selling to them, rather than write the check to the buyer you could write it to the repair man. Is that the kind of thing you're getting at?

    The check is for my rent and I want to make sure the money is applied towards the rent. We are disputing other charges from a separate account and do not want this money used for that purpose. It is with a company not an individual.
  • Aug 31, 2010, 07:10 AM
    terip0wers

    Thank you
  • Aug 31, 2010, 07:31 AM
    ScottGem
    Quote:

    Originally Posted by terip0wers View Post
    The check is for my rent and I want to make sure the money is applied towards the rent. We are disputing other charges from a separate account and do not want this money used for that purpose. It is with a company not an individual.

    You have absolutely no control over how the money is used. However, one of the purposes of paying by check is to provide a paper trail. By adding a notation on the check as we outlined you now have a paper trail that shows you made a payment towards the rent for the period stated. Most banks no longer return cancelled checks, but do provide a way of printing an image of the check. So do so and keep those copies.

    Then, if the landlord or management company claims you did not make a rental payment you will have the documentation to prove it.

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